Saturday, December 14, 2024
Hawai'i Free Press

Current Articles | Archives

Thursday, August 24, 2023
VIDEO: Supreme Court denies Lahaina Fire Water mismanaged
By Video @ 6:09 PM :: 4211 Views :: Maui County, Greenmail

Water: State Supreme Court denies BLNR petition 

SA UPDATE Aug 24, 2023: … the state Supreme Court this morning denied a petition by the Board of Land and Natural Resources claiming a judge’s ruling prevented enough water from being available to fight the Upcountry wildfires.

In its brief order denying the petition, the court said state attorneys failed to establish “a clear and indisputable right to the relief requested.”

Justices on Wednesday afternoon heard oral arguments on the petition, which claimed the actions of Environmental Court Judge Jeffrey Crabtree hampered efforts to fight the fires that destroyed some 19 homes and blackened thousands of acres.

In its petition, the board was aiming to move a dispute over the use of East Maui water forward and overturn the June decision by Crabtree authorizing East Maui stream diversions to 31.5 million gallons of water per day, a reduction from the 40 million gallons per day authorized by BLNR.

During the hearing, a Maui County attorney told justices there was enough water to battle the wind-whipped flames….

read … Honolulu Star-Advertiser (staradvertiser.com)

SA: High Court rejects petition claiming insufficient water

  *   *   *   *   *

Supreme court convenes virtual oral arguments over alleged water mismanagement in Maui wildfire crisis

KITV Aug 23, 2023: … oral arguments concerning how much water was permitted to battle the Maui wildfires took place in supreme court today.

Attorneys for the state an Alexander and Baldwin filed a petition to the supreme court on August 9th on the issue, claiming that there was not enough water being supplied to extinguish the devasting Maui fires.

They are now demanding the supreme court to overturn a previous court decision that was made in June, limiting the east Maui stream diversions to 31.5 million gallons of water per day. That number is down from 40 million gallons previously authorized by the Board of Land and Natural Resources….

HNN: High court justices challenge state’s claims of insufficient water for Maui firefighting (hawaiinewsnow.com)

read … Supreme court convenes virtual oral arguments over alleged water mismanagement in Maui wildfire crisis

Not enough water to fight Upcountry Maui fires, state claims

SA Aug 23, 2023: … On the day after wind-driven wildfires broke out across Maui, the state filed a complaint to the state Supreme Court claiming that, due to a judge’s ruling, there was not enough water to fight the flames that destroyed some 19 Upcountry homes and thousands of acres.

Later that day state Environmental Court Judge Jeffrey Crabtree issued a temporary stay on his order, making the water available. But because it takes 24 hours from the points of diversion for water to reach the reservoirs, there was even further delay, according to the filing.

The complaint, filed by the state attorneys on behalf of the state Board of Land and Natural Resources, asks the court to move the water dispute forward and to overturn the June decision by Crabtree authorizing East Maui stream diversions to 31.5 million gallons of water per day, a reduction from the 40 million gallons per day authorized by BLNR.

Oral arguments about the issue were held before the Supreme Court on Wednesday afternoon, ending with Chief Justice Mark Recktenwald saying the justices would consider the arguments in a decision to be issued later….

read … Not enough water to fight Upcountry Maui fires, state claims

MN: Petition to give more water to private companies denied 

  *   *   *   *   *

No. SCPW-23-0000471, Wednesday, August 23, 2023, 2 p.m.

Supreme Court Oral Arguments Schedule

BOARD OF LAND AND NATURAL RESOURCES, STATE OF HAWAI‘I, Petitioner, vs. THE HONORABLE JEFFREY P. CRABTREE, Judge of the Circuit Court of the First Circuit, State of Hawai‘i, Respondent Judge, and SIERRA CLUB; ALEXANDER & BALDWIN, INC.; EAST MAUI IRRIGATION COMPANY, LLC; and COUNTY OF MAUI, Respondents.

The above-captioned case has been set for oral argument on the merits.

The oral argument will be held remotely and will be livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and Olelo TV 55.

Attorneys for Petitioner BOARD OF LAND AND NATURAL RESOURCES, STATE OF HAWAI‘I:

Julie H. China, Danica L. Swenson, and Miranda C. Steed, Deputy Attorneys General

Attorney for Respondent SIERRA CLUB:

David Kimo Frankel

Attorneys for Respondents ALEXANDER & BALDWIN, INC. and EAST MAUI IRRIGATION COMPANY, LLC:

David Schulmeister, Trisha H.S.T. Akagi, and Mallory T. Martin of Cades Schutte LLP

Attorneys for Respondent COUNTY OF MAUI:

Mariana Lowy-Gerstmar and Kristin K. Tarnstrom, Deputies Corporation Counsel

NOTE: Order assigning Circuit Judge Wendy M. DeWeese and Circuit Judge James S. Kawashima due to vacancies, filed 8/16/23.

COURT: Recktenwald, C.J., McKenna and Eddins, JJ., and Circuit Judge DeWeese and Circuit Judge Kawashima, assigned by reason of vacancies

Brief Description:

This original proceeding concerns Petitioner Board of Land and Natural Resources’ (BLNR’s) requests for a writ of mandamus directing the Honorable Jeffrey P. Crabtree, Judge of the Circuit Court of the First Circuit (Respondent Judge) to enter final judgment in 1CCV-22-0001506, and a writ of prohibition enjoining the Respondent Judge from altering the amount of water that is allowed to be diverted under the revocable permits. BLNR also requests an immediate stay of the Respondent Judge’s decision to alter the amount of water that is allowed to be diverted under the revocable permits pending this court’s decision on BLNR’s petition for writs of mandamus and prohibition.

PDF: Petition SCPW-23-0000471

 

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii